Judge OKs eminent domain of Bloomfield station

A judge ruled Bloomfield can proceed with eminent domain of Bloomfield Station.

A judge ruled Bloomfield has powers of eminent domain of the historic Bloomfield Train Station.

While New Jersey Transit owns the tracks and platform, the Haberman family has owned the adjoining concrete station and tower since 1964. Developer Howard Haberman has stated plans for an upscale restaurant at track level, along with office and retail space.

At issue was if Haberman indicated he no longer had plans to develop the property. Haberman's attorney Anthony Della Pelle argued in court the developer is still interested. William Northgrave, the lawyer representing the township, argued Haberman has given no indication, and eminent domain was needed to start development. Oral arguments in court were heard on Oct. 6.

"Bloomfield's stated purpose for the condemnation of the train station is to provide safe and convenient public access to the NJ Transit platforms," Superior Court Judge Patricia K. Costello writes in her ruling. "Nothing in the record demonstrates a motive to the contrary."

The judge writes the station, located in the township's business center, is in "disrepair and unsightly."

Haberman can appeal the decision or take the money for his part of the station, his spokesman said. No decision has been made yet.

"Mr. Haberman is disappointed with the ruling, and is considering whether he will appeal or will now proceed to a determination as to the amount of compensation that must be paid for the property," the spokesman said.

Across the street from Bloomfield Station, another developer is trying to build a three-acre transit village with shops, restaurant space, 224 residential units and a 439-space parking garage. That project is being challenged in court.

Judge Costello previously struck down an eminent domain attempt at nearby 110 Washington St. In 2000, the municipality planned to redevelop land on both sides of the tracks around the station. Through eminent domain, it intended to build a $150 million project including 197 condos, a supermarket and parking deck, according to media reports at the time. The plans never materialized.

Mayor Raymond McCarthy praised the latest ruling.

"I think it's excellent news in light that Judge Costello ruled against us in the first salvo but now she's with us. She knows the importance of the downtown," he said.

The two sides will likely go back to court again to discuss the station's market value, McCarthy said. The township is willing to offer Haberman $416,000 for it, while Haberman said he wants $600,000, the mayor said. According to court documents, Bloomfield was willing to pay him $440,000 as recently as May.

The Delaware, Lackawanna and Western Railroad built the station 100 years ago. It was placed on the National and State registrars of historic places in 1984. It is one of two stations serving the township, along with the Watsessing Avenue Station on the Montclair-Boonton Line.

While the ruling was expected earlier this month, it was delayed as a result of Hurricane Sandy.